Military/Government aerodromes do not fall into the CAA's ambit; it is as stated in the UK IAIP, the remit of the aerodrome operator and the [civil] aircraft operator/AOC holder to ensure that the aerodrome is fit for use and complies with their own statutory requirement. The regulations, set by the MAA are very closely aligned to those in CAP 168, but this does not meant that they are applied universally; budget restraints in most cases dictate what work can be done to replicate civil standards (and this will usually limit severely any capital expenditure projects).
This is from MoD Defence Infrastructure Organisation
INFORMATION NOTE
Subject: Military Aviation Authority Regulatory Publications (MRP)
Number: 08/11
Background:
1. The Military Aviation Authority Regulatory Publications (MRP) is the regulatory framework for all military aerodromes.Particular to airfield infrastructure, JSP 554 titled ‘Military Aviation Aerodromes Standards and Criteria’ has been replaced with the ‘Manual of Aerodrome Design and Safeguarding’ with effect from the 1 Aug 11.
2. A major change in the ‘Manual ofAerodrome Design and Safeguarding’ is the use of the permissive verb should, this allows regulated entities the opportunity to show acceptable means of compliance otherthan that specified. All such alternative means of compliance must have the prior approval of the MAA confirmed by receipt of a RegulatoryWaiver/Exemption.
3. MAA01: Military Aviation Authority Regulatory Policy is the overarching document and is to be used alongside the‘Manual of Aerodrome Design and Safeguarding’.
So the CAA had no input to use of RAF St Mawgan; Northolt, Brize Norton, or any of the others notified int the IAIP as being available (with consent of the Staish), viz:
Boscombe Down (MoD) Mildenhall (RAF)
Brize Norton (RAF) Northolt (RAF) - Refer to AD 1.3
Kinloss (RAF) Waddington (RAF)
Leuchars(RAF) Yeovilton (RNAS)
1.12.10 The civil use of Government aerodromes is, in addition to the limitations referred to above [para 1.12.1 - 1.12.9], subject to the appropriate charges being paid at the time. Use is also subject to the availability of appropriate Air Traffic Control and crash/rescue services as laid down by Ministry of Defence regulations.
Aeronautical information inrespect of these aerodromes may be obtained from RAF AIDU at Northolt.
1.12.13UK Military Aerodromes are not subject to the specific standards in EURegulation 216/2008 as amended by EU Regulation 1108/2009 (and is now 139/2014 - the equivalent, and eventual replacement of CAP168) and may not complywith the Annex 14 Volumes 1 and 2 of the ICAO Convention. Civil Operatorsrequiring further information should contact the particular aerodrome inquestion; that unit will provide the requisite information and support.
So I think that the proposed legal case might flounder as there is no regulatory need to comply with CAA requirements...as long as there is an acceptable means of compliance in place.
Mister B